Parents of children who were neglected by jailed childminder Amanda Mathewson have instructed law firm Irwin Mitchell Scotland to explore a civil action against the Care Inspectorate, following the regulator's admission that it is "highly likely" Mathewson was tipped off about complaints and inspections.
Mathewson, 55, of Dunfermline, Fife, was jailed for two years on Friday for wilfully neglecting and abandoning children in her care over a 50-week period from September 7, 2023 to August 26, 2024.
On August 7, 2023, just weeks before the offending began, the Care Inspectorate carried out an unannounced inspection of Mathewson and graded her "very good" on all measures.
Sheriff raises regulatory concerns
In his sentencing remarks, Sheriff John MacRitchie said Mathewson's case had raised "serious questions about regulatory competence and caused an erosion of public trust". He added: "Confidence in childminding and in the institutions responsible for safeguarding children has been damaged."
In a letter to parents, the Care Inspectorate admitted it was highly likely that complaint and inspection information had been leaked to Mathewson and that it could not identify the source.
Kim Leslie, a partner at Irwin Mitchell, said: "It beggars belief that a failing of this magnitude could go unnoticed. The families involved have found it extremely distressing and are desperate to ensure that no other family ever has to go through something like this."
Parents demand accountability
Leslie added: "That's simply not good enough and it cannot be allowed to happen again. This is a fundamental breach of trust which, by the regulator's own admission, completely compromised the efficacy of regulatory scrutiny. The parents want the Care Inspectorate to be held to account."
One parent told the Press Association they welcomed Mathewson's jail sentence but said it had highlighted "failings" at the regulator. "It's probably not necessarily the end of the bigger picture, where we feel like there are failings at the Care Inspectorate that need to be addressed and that have allowed this situation to come about," he said. "We don't know where else this could be happening, with their processes not being fit for purpose to prevent it. We have met with the Care Inspectorate, but there's a lot of outstanding requests and requirements for change that still need to be picked up and pushed forward."
Another parent said: "My wife and I were sickened by the revelations. The days and weeks after Amanda's arrest were traumatic and made us question and rethink everything, remembering things in hindsight which were red flags. We feel angry, and we feel guilty we sent our child there. Amanda came across as genuine and personable which gained our trust. When we did query small things she never missed a beat and had a reasonable explanation for everything – she was simply a very good liar. The impact of this will stay with us for a long time. We want accountability to ensure this never happens to anybody else ever again."
Regulator responds
A spokesperson for the Care Inspectorate said: "This was a shocking case and our thoughts are with those affected. Amanda Mathewson broke the trust of families and children, and the crime for which she is responsible has been dealt with by the courts. The Care Inspectorate has listened carefully to parents who raised concerns with us and we have reviewed how we work following learning from this case. This has included updating our inspection, complaints and conflict of interest procedures. We have provided new ways to submit feedback on childminders both during and out-with inspections. We have also provided clearer resources to help families understand what to expect from their childminder. It is important to note that this case does not reflect the wider childminding sector. The overwhelming majority of childminders in Scotland provide safe, nurturing care for children, with more than 90% receiving grades of good or better at inspection."
